The end of the tenancy agreement is 1st feb and wanted her to leave so I served s21 b notice on tenant in december and due to 60 days needed it expires 6th feb.

She has not left so need to get evicted but am told the dates on my notice are wrong as I served a Section 21 b during tenancy and has expired after it has officially ended and as a few days into a periodic agreement.

Is my notice ok or have i done it wrong?

Editor

04-03-2010, 12:15 PM

Your section 21(1)b Fixed Term notice should be fine providing all the details are correct.
The notice can be served at any time during the fixed term, right up to the last day, but must run for a full 2 months.
See the LandlordZONE Notes on serving a s21 Notice here:
http://www.landlordzone.co.uk/agreements.htm

jeffrey

04-03-2010, 12:34 PM

The end of the tenancy agreement is 1st feb and wanted her to leave so I served s21 b notice on tenant in december and due to 60 days needed it expires 6th feb.

She has not left so need to get evicted but am told the dates on my notice are wrong as I served a Section 21 b during tenancy and has expired after it has officially ended and as a few days into a periodic agreement.

Is my notice ok or have i done it wrong?
Also, you cannot serve any s.21 Notice if:
a. a protectable deposit was not protected; or
b. a licensable HMO was not licensed.

havensRus

04-03-2010, 13:08 PM

The end of the tenancy agreement is 1st feb and wanted her to leave so I served s21 b notice on tenant in december and due to 60 days needed it expires 6th feb.

She has not left so need to get evicted but am told the dates on my notice are wrong as I served a Section 21 b during tenancy and has expired after it has officially ended and as a few days into a periodic agreement.

Is my notice ok or have i done it wrong?

perhaps if you gave us specific dates/info, you could get a more definitive answer:

1. Is tenancy in England and Wales ?
2. what date did AST start ?
3. what was the initial term ?
4. is current AST the only agreement signed ?
5. what is the rent ? and is it monthly/weekly stated in AST?
6. was a deposit taken ?
7. if so was it registered ?
8. what date was S21 issued ?
9. which was issued S21(1)(b) or S21(4)(a) ?